Law Regulating the Use of School Facilities
Congreso Nacional
- Decree: 7-2014
- Published: December 29, 2016
- Issuing body: Congreso Nacional
- Gazette: 34,225
- Category: Administrative
Summary
This law protects public primary and secondary schools by ensuring they operate every day for educational, sports, health, and administrative activities. It prohibits using schools for political propaganda, parties with alcohol, or commercial activities that interrupt classes. Authorities must guarantee continuous school operation and punish anyone who prevents normal school functioning.
Considerations
Whereas the Constitution of the Republic establishes in its Title on declarations, rights and guarantees that education is an essential function of the State to promote the social and economic development of the country, and further determines the provision of quality educational services.
Whereas the State of Honduras has heightened its understanding that education is a critical resource for its progress and has strengthened its commitments to introduce profound reforms in its educational systems as embodied in the FUNDAMENTAL EDUCATION LAW contained in Legislative Decree No. 262-2011, dated January 19, 2011.
Whereas it falls within the competence of the National Congress the authority contained in Article 205 of the Constitution of the Republic to create, enact, reform, interpret and repeal laws.
Whereas the proper functioning of educational establishments and their facilities is a critical factor for the normal development of pedagogical activities, both in the teaching component as in the administrative and infrastructure aspects.
Articles
The buildings and facilities where public primary and secondary educational institutions operate are declared open establishments protected by Law, and must be available at all times every day of the year for the development of educational teaching activities and those complementary to them, such as the school meal service, health services, sports, civic and cultural activities, administrative activities, meetings of teachers, students, parents of families and other permitted activities that contribute to both formal education and non-formal education. Educational establishments may also be used for:
- 1)
Emergency care, temporary hospitals and clinics, shelter centers, supply centers, by means of an emergency declaration and under the authorization and responsibility of municipal or national emergency authorities;
- 2)
Operation of Voting Centers as determined by Electoral Law and the resolutions of the Supreme Electoral Tribunal (TSE);
- 3)
Small-scale establishments for the sale of basic school supplies and meals for the school and teaching population of the establishment;
- 4)
Distribution and service centers of the School Meal Program;
- 5)
Meetings of Parent-Teacher Organizations, Water Boards and teaching unions; and,
- 6)
Others as determined by the Secretary of State in the Department of Education and the laws. In no case may these establishments be used for propaganda or activities of any kind that interrupt academic activity. The realization of activities for profit or non-profit purposes such as dances and parties with alcoholic beverages whether free or paid, or prohibited substances, is strictly prohibited.
Every educational establishment must operate under optimal conditions of physical security, sanitary conditions, pedagogical conditions, protection of persons and property as indicated by Law, and may only have its occupancy or operation interrupted for reasons of emergency, unsanitary conditions, insecurity and lack of pedagogical conditions when reasonably determined by the School Infrastructure Institute.
It is the responsibility of the Secretary of State in the Department of Education to promote any type of actions that are appropriate for the uninterrupted functioning of public educational centers, as well as to establish regulations on class schedules and academic activities in educational establishments. The Director or Directress of the educational establishment and the Municipal School Development Councils (COMDE), or whoever exercises these functions, must ensure compliance with this Law and regulate those complementary aspects not provided for in the same or in its regulations.
The competent authorities, upon becoming aware of facts that contravene the provisions of this Law, must act in accordance with what applicable laws provide. State employees or officials incur administrative responsibility when they permit, promote or facilitate the realization of activities prohibited by this Law or when they prevent the regular functioning of the educational center.
To nationals or foreigners who participate in and execute the occupation or irregular use of educational buildings and facilities, which limit or prevent their regular functioning and access by working personnel in the same, the sanctions that correspond in law must be imposed, respecting all rights and guarantees established in the Constitution of the Republic and International Treaties. The population and their organizations, upon becoming aware of irregular facts, must submit their complaints to the competent authority.
This Decree shall enter into force as of the day of its publication in the Official Journal "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Meeting Hall of the National Congress, on the sixth day of the month of March in two thousand fourteen. MAURICIO OLIVA HERRERA PRESIDENT MARIO ALONSO PÉREZ LÓPEZ SECRETARY ROMÁN VILLEDA AGUILAR SECRETARY To the Executive Branch In Witness Thereof: Execute it. Tegucigalpa, M.D.C., April 4, 2014. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE DEPARTMENT OF EDUCATION MARLON ESCOTO